The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-09-04
AN ILLEGAL METHOD.

Is the Cleveland administration Multiplying
the Action of Congress?
Washington peeiaI New York sur.
The arrangements just made by the British
government for its representation a fisheries
commission indicate that own government,
in ignoring the mode of treating the fishery dis
pute authorized by Congress- clncs to a method
in which Congress has never expressed conf
dence.
1t is true that the vote taken by the Senate,
April Is, 1856, on Mr. Fryes resolution did not
directly cover the exact project now in course
of contamination. The discussion at that time
concerned only fisheries commission to be ap
pointed under the legislation of Congress.
President Cleveland had recommended in his
annual message that such legislation should be
enacted. Accordingly Mr. Frye introduced a
resolution declaring it to be the of the
Senate that Congress should not provide for any
joint commission to consider and settle the
fisheries question. This resolution was agreed
to by the strong vote of thirty five to ten. The
President, in his last years message, referring
to this vote, indicated his purpose to acquesce in
ii. Nevertheless. it now appears that the entire
labors of the administration have since
been directed to pr occurring international com
mission for the settlement of the fisheries ques-
ton.
or course there is an essential difference in
legal form between a commission appointed
through the action of the administration a nd one
arranged for by Congress. Hence it must be
admitted that President Cleveland has not acted
directly in opposition to the statement in his
last message implying that he would abandon
the course of proceeding which the Senate had
failed to support-namey commission ar
ranged for by Congress STILL it must have
struck the members OF Congress with some sur
prise when. in May last, they learned through
correspondence made pnbic at Ottawa by the
dominion Minister of Fisheries. that the project
of mixed commission still in full blast,
and that it was urged by Secretary Bayard. the
only change being that 1t was to be arranged for
between the two governments with the opposi-
ton of Congress thus counted out.
That this opposition of Congress was directed
not to the form but to the fact of a commission,
and that it presumably might extend to a mixed
mn1issIon provided for by the government as
we'll as to one provided for by Congress, may
be inferred from the character of the Senate de-
bate. Thus Senator Morgan. who voted for Mr.
Frye's resolution, said he believed there was
danger of collision between fishermen and
the Canadian authorities. but that he did not
think the question could be settled by COM
mission" The same view taken by other
Senators who voted for the resolution. This
inference Is further supported by the remarkable
action of Congress in supplying the President
with authority Co declare non intercourse with
Canada whanever he found that our fishermen
were abridged in the EN- oyment of any rights
to which they were entitled in Dominion ports,
even "uniustly veXed or harassed in the
joyment of such rights" 1t is almost incon-
celvable that action of this extraordinary sort
should have been taken had Congress been in
favor of subjecting the rights in question in
stead to the decision OF another international
commission.
Again, in the strong arguments drawn up by
the fishermen themselves and their counsel
against the settlement of the dispute by COM
mission. point WAS ever made as TO the mere
manner OF its appointment whether by the two
governments or through the initiation of Con-
gress, but the objection rested solely on the fact
that upquestionable rights might be jeoparded
by the decision Of few individuals. results
unsatisfactory following the preposterous
Ones reached by the Halifax commission of
former years.
Yet it was revealed last May, after the ad-
journment that while Congress had been labor
ing over it's retaliation measures. the Depart
ment of State was simultaneously undermining
them and rendering them of effect, IL not
absolutely ridiculous, by proposing a totally
different method of solution to the British gov
eminent. This the reason why both at
London and Ottawa instead OF alarm being
pressed at the Indignation and earnestness OF
Congress. it was complacently remarked that
there was.good reason to believe that President
leveland would never exercise the authority
thus given him bv Congress.